Women and Criminal law DAVV Devi Ahilya Vihwa Vidyalaya Previous Year Paper PYQ 2022 2023

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2023 PYQ DAVV



2022 PYQ DAVV





1. Meaning of crimes against women 

"Crime Against Women‟
  • direct or indirect physical or mental cruelty to women
  • Crimes directed "specifically against women‟ and in which "only women are victims‟ are characterized as "Crime Against Women‟
"Violence‟ against women.
  • include any sort of physical aggression or misbehaviour or misdemeanour against women
  • can happen in domestic places like homes or workplaces or public place
  • Domestic violence may involve different means such as hitting, kicking, biting, shoving, restraining, and throwing objects. 
  • In broad terms, it includes threats, sexual abuse, emotional abuse, controlling or domineering, intimidation, stalking, passive/covert abuse and economic deprivation, rape, abduction, kidnapping, murder (all cases of criminal violence, dowry death, wife battering, sexual abuse, maltreatment of a widow and for elderly women (all instances of domestic violence) and eve-teasing, forcing wife/daughter-in-law to go for foeticide, forcing a young widow to commit sati, etc (all cases of social violence), are issues which affect a large section of society
2. UN's definition of Crime Against Women
  • The United Nations defined “Violence against Women” in 1993 in the Declaration on the Elimination of Violence against Women. It describes it as any act of gender-based violence that results in or is likely to result in, physical, sexual or psychological harm or suffering to women, including threats of such acts, coercion or arbitrary deprivation of liberty, whether occurring in public or private life

  • ratification of the Convention on Elimination of All Forms of Discrimination Against Women (CEDAW) in 1993 by India

2. Classification of crimes against women
  • Crimes under the Indian Penal Code (IPC) 7 
    1. Rape (Section 376 IPC) 375, 376, 376-A, 376-B, 376-C, and 376-D
    2. Kidnapping & Abduction (Sec. 363-369 IPC) (Kidnapping 363 Abduction 364-369 Trafficking and sex trade - 370-373)
    3. Dowry Death (Sec.302, 304B IPC) and Dowry Prohibition Act, 1961
    4. Torture (Cruelty by Husband & Relatives) (Sec.498-A IPC)
    5. Molestation (Sec.354 IPC)
    6. Sexual Harassment (Sec.509 IPC) 
    7. Importation of Girls (Sec.366-B IPC)

  • Crimes under the Special & Local Laws (SLL) 
    • Sati Prevention Act, 1987 
    • Immoral Traffic (Prevention) Act, 1956
    • Dowry Prohibition Act
    • Indecent Representation of Women (Prohibition) Act
    • Protection of Women from Domestic Violence Act, 2005
  • Traditional and cultural practices
    • Female Genital Mutilation
    • Acid Attack

3. Factors / Reasons behind crime against women
  • patriarchal role expectations and gender stereotyping
  • Lack of education and therefore lower economic independence
  • Lack of legal knowledge and resources to fight against abuse / invoke rights
  • Lack of economic self-sustenance away from domestic / family violence
  • Culture of Guilt and shame from leaving abusive marriages / divorcing violent/aggressive spouses and taboo around divorces from abusive and unhappy marriages
  • Victim-blaming culture and the false sense of 'dignity' attribution in cases of rape, molestation where the victim is shamed and ridiculed and subjected to humiliating procedures to gain justice 
  • Fear of security and resources for their child
  • Fear of bringing public shame to their families shows a regressive Indian society culture which traumatises the victim but does not punish the perpetrator
  • Outdated and regressive Indian laws which do not give importance to the concept of "consensual sex" in marital/conjugal relationships 
  • Objectification of women in media, advertisements, cinema and treatment as "objects of dignity rather than human beings" - because women are equated to dignity/respect of a family, violence against women is seen as a way to take revenge by jilted and refused lovers, stalkers resulting in vicious acid attack that destroy the entire life of a person and their families
  • Historical and cultural evils like dowry, sati, Jauhar, widow's treatment after husband's death, inheritance and property rights add to years of discrimination and crimes against women

4. Domestic Violence Act 2005

What is domestic violence?
As per sec 3 of the Protection of Women from Domestic Violence Act, 2005.

Any act, omission or commission or conduct of the respondent shall constitute domestic violence in case it:
(a) harms or injures or endangers the health, safety, life, limb or well-being, whether mental or physical, of the aggrieved person or tends to do so and includes causing physical abuse, sexual abuse, verbal and emotional abuse and economic abuse; or

(b) harasses, harms, injures or endangers the aggrieved person to coerce her or any other person related to her to meet any unlawful demand for any dowry or other property or valuable security; or

(c) has the effect of threatening the aggrieved person or any person related to her by any conduct mentioned in clause (a) or clause (b); or

(d) otherwise injures or causes physical or mental harm to the aggrieved person. 

Further explanation in Sec 3 of the act above various forms of abuse: 
(i) “Physical abuse” means any act or conduct which is of such a nature as to cause bodily pain, harm, or danger to life, limb, or health or impair the health or development of the aggrieved person and includes assault, criminal intimidation and criminal force;

(ii) “Sexual abuse” includes any conduct of a sexual nature that abuses, humiliates, degrades or otherwise violates the dignity of a woman;

(iii) “verbal and emotional abuse” includes—
(a) insults, ridicule, humiliation, name calling and insults or ridicule specially with regard to not having a child or a male child; and
(b) repeated threats to cause physical pain to any person in whom the aggrieved person is interested;

(iv) “economic abuse” includes—
(a) deprivation of all or any economic or financial resources to which the aggrieved person is entitled under any law or custom whether payable under an order of a court or to, household necessities for the aggrieved person and her children, if any, stridhan, property, jointly or separately owned by the aggrieved person, payment of rental related to the shared household and maintenance;

(b) disposal of household effects, any alienation of assets whether movable or immovable, valuables, shares, securities, bonds and the like or other property in which the aggrieved person has an interest or is entitled to use by virtue of the domestic relationship or which may be reasonably required by the aggrieved person or her children or her stridhan or any other property jointly or separately held by the aggrieved person; and

(c) prohibition or restriction to continued access to resources or facilities which the aggrieved person is entitled to use or enjoy by virtue of the domestic relationship including access to the shared household.

5. Salient features of the Domestic Violence Act 2005
Chapter III Powers and duties of protection officers, service providers, etc.
  • Sec 4 Information to Protection Officer and exclusion of liability of informant.
    Goal: Ease of reporting domestic violence in the neighbourhood 
  • Sec 5 Duties of police officers, service providers and Magistrate
  • Sec 6 Duties of shelter homes.
  • Sec 7 Duties of medical facilities.
  • Sec 8 Appointment of Protection Officers
  • Sec 9 Duties and functions of Protection Officers.
  • Sec 10. Service providers.
  • Sec 11 Duties of Government.
CHAPTER IV Procedure for obtaining orders of relief
  • 12. Application of Magistrate. 
  • 13. Service of notice.
  • 14. Counselling. 
  • 15. Assistance of welfare expert. 
  • 16. Proceedings to be held in camera. 
  • 17. Right to reside in a shared household. 
  • 18. Protection orders. 
  • 19. Residence orders. 
  • 20. Monetary reliefs. 
  • 21. Custody orders. 
  • 22. Compensation orders. 
  • 23. Power to grant interim and ex parte orders. 
  • 24. Court to give copies of order free of cost. 
  • 25. Duration of orders. 
  • 26. Relief in other suits and legal proceedings. 
  • 27. Jurisdiction. 
  • 28. Procedure.
6. Issues with the implementation of the Domestic Violence Act 2005
  1. Lack of accountability between State government and service providers 
  2. Lack of adequate protection officers
  3. Inadequately trained protection officers
  4. Shelter home conditions are appalling and non-conducive to women's health
  5. Delays in relief orders from the court
7. Differences / Distinguishing between crimes

Kidnapping vs Abduction 
  1. Indian Penal Code section
    Kidnapping Sections 359-361 of the Indian Penal Code
    Abduction Section 362 of the Indian Penal Code
  2. Meaning / Against whom
    Kidnapping offence of kidnapping is committed against a minor that is 16 years in the case of males and 18 years in the case of females
    Abduction: There is no provision for age in the case of abduction, any person can compel any other person by force and deceitful means to move from one place to another.  
  3. Intent
    In kidnapping intent is immaterial
    In abduction intent is material
  4. Means
    In kidnapping irrelevant
    In abduction of material importance, force, fraud, or deception
  5. Severity 
    Kidnapping is more severe and abduction is less severe

ADULTERY vs RAPE
  1. Indian Penal Code
    Adultery offence under sec 497 chapter 20 of IPC, dealing with offences relating to marriage
    Struck down as unconstitutional in Joseph vs Union of India

    Rape is an offence under sec 375 and custodial rape under 376B to 376D

  2. Meaning 
    Adultery under the erstwhile sec 497, Whoever has sexual intercourse with a person who is and whom he knows or has reason to believe to be the wife of another man, without the consent or connivance of that man, such sexual intercourse not amounting to the offence of rape, is guilty of the offence of adultery and shall be punished with imprisonment of either description for a term which may extend to five years, or with fine, or with both. In such case, the wife shall not be punishable as an abettor

  3. Offence against whom
    Adultery is an offence against the husband
    Rape is an offence against the woman herself irrespective of married or unmarried.

  4. Consent
    the consent of the woman is immaterial
    Consent is a defence to rape. In the case of rape of the offence is committed against the will and without the consent of the woman.  However, if the girl is under sixteen years of age the offence can be committed even with her consent

  5. Punishment
What is a dowry death?
Section 304B of the Indian Penal Code (IPC) of 1860 defines a dowry death as a woman's death caused by burns, bodily injury, or other unnatural circumstances within seven years of her marriage. The death must also be shown to have been the result of cruelty or harassment by her husband or a relative of her husband.

What is termed as cruelty against women?
Section 498A of the Indian Penal Code (IPC) defines cruelty against women as any willful conduct by the husband or his relatives that is likely to:
Cause grave injury or danger to the woman's life, limb, or health
Drive the woman to commit suicide
Include harassment with the intention of
Unlawfully demanding any property or valuable security
Threatening to marry someone else if dowry is not given
Divorcing the wife due to infertility

International Commitments, Covenant on Crimes Against Women
  1. United Nations (UN) Convention on the Elimination of Discrimination against Women (CEDAW) is the most comprehensive 


References
1. https://loksabhadocs.nic.in/Refinput/New_Reference_Notes/English/Crimeagainstwomen.pdf
2. https://pib.gov.in/newsite/erelcontent.aspx?relid=35773
3. https://www.indiacode.nic.in/bitstream/123456789/15436/1/protection_of_women_from_domestic_violence_act%2C_2005.pdf
4. https://nja.gov.in/Concluded_Programmes/2023-24/SE-30_Dec_2023_PPTs/1.Domestic%20Violence%20Act%20causes%20effects%20and%20solutions.pdf
5. https://www.freelaw.in/legalarticles/Kidnapping-and-Abduction-Key-Differences#:~:text=Kidnapping%3A%20The%20intention%20of%20a,ill%20intention%20behind%20the%20same.